PICCONI v. CARLIN


40 N.J. Super. 393 (1956)

123 A.2d 87

SAM PICCONI, AND LORETTA PICCONI, HIS WIFE, PLAINTIFFS, v. FRANCIS X. CARLIN, AND ADELAIDE M. CARLIN, HIS WIFE, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided May 22, 1956.


Attorney(s) appearing for the Case

Mr. Boris Seeber argued the cause for plaintiffs (Mr. Benjamin Yanowsky, attorney).

Mr. Harry Sears argued the cause for defendants (Messrs. Young & Sears, attorneys).


MINTZ, J.C.C. (temporarily assigned).

Plaintiffs in this action seek a return of their deposit under a contract for the sale of realty, contending that the defendants are unable to convey a marketable title as called for in said contract. The defendants contend that the premises are free from encumbrances and that they can convey a marketable title. They counterclaim for specific performance. Jury trial was waived,...

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